RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS

Effective Date: 3/1/1986

Obsolete Date: 3/1/2011

(a) Amendments. A party's pleading may be amended once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party's pleading may be amended only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

(b) Amendments to Conform to the Evidence. If issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of those issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of that evidence would be prejudicial in maintaining the party's action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet that evidence.

(c) Relation Back of Amendments. Whenever the claim or defense asserted in an amended pleading has arisen out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the party to be brought in by amendment, that party (i) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.

The delivery or mailing of process to the Attorney General of North Dakota, or an agency or officer who would have been a proper defendant if named, satisfies the requirement of clauses (i) and (ii) with respect to the State of North Dakota or any agency or officer thereof to be brought into the action as a defendant.

(d) Supplemental Pleadings. Upon motion of a party, the court, upon reasonable notice and upon such terms as are just, may permit the party to serve a supplemental pleading setting forth transactions or occurrences or events that have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court considers it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor.

Rule 15 was amended, effective March 1, 1986; March 1, 1990; March 1, 2011.

Rule 15 is based on Fed.R.Civ.P. 15.

Rule 15 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

Subdivision (a) was amended effective March 1, 1986, by adding the phrase "pleading is one to which no responsive pleading is permitted and the" to conform to the federal rule.

Subparagraph (a)(1)(B) was amended, effective March 1, 2011, to increase the time to amend a pleading from 20 to 21 days.

Paragraph (a)(3) was amended, effective March 1, 2011, to increase the time to respond to an amended pleading from 10 to 14 days.

Subdivisions (c) and (d) were amended in 1971 to conform to amendments in the federal rule in 1963 and 1966.

Subdivision (d) was amended to clarify that a supplemental pleading could be allowed even though the original pleading was defective in its statement of a claim or defense. Subdivision (c) was amended to clarify that an amendment changing the party against whom a claim is asserted relates back to the date of the original pleading.

Rule 15 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.

SOURCES: Joint Procedure Committee Minutes of April 29-30, 2010, pages 11-12; January 24, 2008, page 20; April 20, 1989, page 2; December 3, 1987, page 11; November 29, 1984, pages 7-8; June 21, 1984, page 3; September 20-21, 1979, pages 10-11; Fed.R.Civ.P. 15.

CROSS REFERENCE: N.D.R.Civ.P. 7 (Pleadings Allowed-Form of Motions), N.D.R.Civ.P. 8 (General Rules of Pleading), and N.D.R.Civ.P. 59 (New Trials-Amendment of Judgments).

Effective Date Obsolete Date
03/01/2011 View
03/01/1986 03/01/2011 View